November 2nd 2024.
In 2018, two police officers from Hayward were involved in a fatal shooting that raised questions about their use of deadly force. However, the Alameda County District Attorney's Office Public Accountability Unit (PAU) has recently announced that these officers, Phillip Wooley and Michael Clark, cannot be held criminally liable for their actions. This decision was made after a thorough review of the case, which was previously considered by a different administration. The news release from District Attorney Pamela Price stated that the prosecution was unable to prove, beyond a reasonable doubt, that the officers were not acting in self-defense.
This case was one of six police shooting incidents that Price had designated for reconsideration by the newly-formed PAU, shortly after taking office in 2023. So far, only one other case has been reinvestigated, where an Alameda County judge dismissed involuntary manslaughter charges against two of the three officers involved in the death of Mario Gonzalez in 2021. It's worth noting that Price had filed charges against these officers in April, even after they had been cleared of any wrongdoing by her predecessor.
According to the report, the incident occurred around 9:19 p.m. on November 15, 2018, in front of 24697 Oneil Avenue. The officers had shot Agustin Gonsalez multiple times as he was approaching Officer Wooley with a razor blade, which was mistaken for a knife. Gonsalez sustained fourteen bullet wounds, but the investigation was unable to determine how many bullets were fired or which officer they came from. The report concluded that the officers' actions were justified as they believed Gonsalez posed an immediate threat to their safety.
The PAU reviewed all the evidence that was previously evaluated by the Officer Involved Shooting Team of the prior administration, including the team's report and Officer Wooley's deposition in a civil case against the city of Hayward. Additionally, the DA's office hired Dr. Ian T. Adams, an expert in the use of force, to review the case. The new report revealed that the previous investigation did not fully explore the tactical decisions made by the officers, the modern standards of police practices, or how their actions may have escalated the situation, resulting in Gonsalez's tragic death. It also noted that the report did not include any recommendations or lessons learned.
Dr. Adams stated that there were areas in the Hayward Police Department's training and policies that could benefit from evidence-based policing approaches. The decision was shared with Gonsalez's surviving family members, as stated in the news release. Price wrote a letter to the Hayward police chief, which was also included in the release, expressing her belief that the continual improvement of the criminal justice system and a sincere commitment to public safety requires a thorough analysis of such incidents. She also emphasized the importance of considering Dr. Adams' opinions on how the officers' tactical failures and the department's training may have contributed to the tragedy, in order to prevent similar incidents from occurring in Hayward, and potentially, all of Alameda County.
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